The Court emphasized the principle of resjudicata, the requirement to prove adverse possession, and the waiver of claims in litigation.

This second appeal has been filed against the judgment and decree dated 23.08.2005, made in A.S.No.11 of 2004, on the file of the Subordinate Judge, Ponneri, confirming the judgment and decree, dated 30.01.2004, made in O.S.No.403 of 1993, on the file of the District Munsif, Ponneri.

2. For the sake of convenience the parties in the appeal are referred to as they have been arrayed in the suit in O.S.No.403 of 1993.

3. The plaintiff, who is the appellant in the present second appeal has filed the suit in O.S.No.403 of 1993, on the file of the District Munsif, Ponneri, praying for the relief of declaration of title and for permanent injunction. Since the appellant had died during the pendency of the present second appeal, his legal representatives have been brought on record by an order of this Court, dated 11.02.2008, made in M.P.No.1 of 2008 in S.A.No.933 of 2006.

4. The brief facts of the case, as stated by the plaintiff in the plaint, are as follows:

a) The plaintiff is the absolute owner of an extent of 1.65 acres of agricultural land situate in Marambedu village of Ponneri Taluk comprised in S.No.8/3 (45 cents) and in S.No. 8/4 (1.20 cents). The plaintiff had purchased the lands from one V.Kanniah Raju, his wife and son, by a registered sale deed, dated 11.04.1977, registered as Document No.676/1977 at the Sub Registrars Office, Ponneri. The said property described in the schedule to the plaint, referred to as the suit property, was purchased by the vendor of the plaintiff from one Munusamy Raju by a sale deed, dated 11. 1957, registered as Document No.3828/1957, in the office of the District Registrar, North Madras, among other properties. The said Munusamy Raju had purchased the suit property in S.No.8/4 by a sale deed, dated 11. 1953, from one Gajapathy Naidu and the other suit property with an extent of 45 cents was purchased by Munusamy Raju from one Venugopal Naidu, under a sale deed, dated 30.01.1954.

b) The vendor of the plaintiff, namely, Kanniah Raju, was in possession and enjoyment of the suit property from the time of its purchase in the year 1957. The vendor had leased out the property along with other properties to one Bakthavachalu Budhur Kandigai by a lease agreement, dated 110. 1970. Thus, the vendor of the plaintiff was in possession and enjoyment of the suit property till it was conveyed to the plaintiff in the year 1977. From the date of his purchase, the plaintiff had continued to enjoy the property without any hindrance from anyone. The patta of the suit property had been transferred in the plaintiffs name and he had paid the kist for the suit property. Therefore, no other person excepting the plaintiff has exclusive title over the suit property.

c) The defendant, who is a resident of the same village as that of the plaintiff, wanted to purchase the suit property and since the plaintiff had refused to sell the property to the defendant, he had attempted to trespass in the suit property to commit acts of waste. Since the defendant had denied the title of the plaintiff in his written statement, the plaintiff had filed an amended plaint praying for the relief of declaration of title to the suit property, along with the earlier relief of permanent injunction as sought for, initially. It is also the case of the plaintiff that he has prescribed title to the suit property, by adverse possession, as he has been in open, continuous and uninterrupted possession and enjoyment of the suit property for more than the required statutory period.

5. The defendant had filed a written statement denying the claims made by the plaintiff. The defendant had stated that the sale deed, dated 11.04.1977, said to have been executed by Kanniah Raju, his wife and son, in favour of the plaintiff is not binding on the defendant, since the vendors in the said sale deed had no title over the suit property to convey the same to the plaintiff. The vendors of the plaintiff had not been in possession and enjoyment of the sui